Court directed registration and expeditious disposal of the suit seeking declaration of civil death.

The petitioner claimed to be the wife of L/NK Dulal Kumar Das of the 109th Battalion, Border Security Force, who had been missing since 28 August 2011. She sought release of her deceased/missing husband’s terminal and service benefits, including Group Insurance benefits.

The BSF authorities, by communication dated 31 May 2025, directed her to obtain an indisputable declaration or certificate of death from the competent court before the benefits could be released.

The petitioner thereafter instituted a suit for declaration of civil death before the District Judge, South West Garo Hills, Ampati, on 15 April 2026. The suit was not registered on the ground of territorial jurisdiction.

The petitioner stated that she was receiving family pension but that other terminal benefits remained unpaid.

Whether the High Court should direct the District Judge, South West Garo Hills, Ampati, to register and adjudicate the petitioner’s suit seeking a declaration of the civil death of her missing husband.

Whether such direction was necessary to facilitate consideration and release of the deceased/missing BSF personnel’s outstanding terminal and service benefits.

The Court did not cite or apply any specific statutory provision or judicial precedent.

It proceeded on the general procedural principle that a competent subordinate court should register and adjudicate a properly instituted civil proceeding in accordance with law, particularly where determination of civil death was necessary for consequential service-benefit claims.

The Court confined itself to directing registration and expeditious disposal of the suit without deciding the petitioner’s entitlement to the terminal benefits or the merits of the declaration sought.

The petitioner had been directed by the BSF authorities to obtain a judicial declaration of her husband’s death before the remaining service benefits could be processed.

Although she had filed the requisite civil suit, it had not been registered because of a perceived territorial objection.

Since the declaration sought was directly connected with the petitioner’s claim for terminal benefits, and the respondents did not oppose the requested procedural direction, the High Court considered it appropriate to require the District Judge, South West Garo Hills, Ampati, to register and decide the suit in accordance with law.

The Court did not itself determine the question of civil death, territorial jurisdiction, or entitlement to benefits.

The writ petition was accordingly closed, with no direct order granting the terminal or service benefits.